📅 2026 Update: Recent Changes in Probate and Estate Law

Since the original article was written, there have been some important updates in probate and estate law. Notably, Michigan made significant changes to its probate code, and federal estate tax exemptions have shifted. This update highlights those changes and how they affect the probate process and estate administration.

📜 Michigan's Probate Code Update

On February 21, 2024, Michigan enacted Act No. 1. This law amends the state's probate code to codify, revise, and consolidate various laws related to wills, intestacy, trusts, and estate administration.

The changes aim to simplify the legal process for managing estates and enhance clarity in probate cases.

💰 Current Estate Tax Exemptions

As of 2026, the federal estate tax exemption is set at $15 million per individual. This means that estates valued below this amount are exempt from federal estate taxes. This significant increase allows more estates to avoid taxation, benefiting families and heirs.

🏛️ Intestate Succession Process

The intestate succession process remains essential for cases where a person dies without a valid will. It involves filing a petition with the probate court, appointing an administrator, and identifying and valuing assets. This procedure ensures that debts and taxes are paid before distributing assets to heirs according to state laws.

⏳ Average Probate Duration

The length of the probate process can vary widely. On average, it can take several months to over a year, depending on the complexity of the estate and state laws. Understanding the expected timeline can help families plan for the distribution of assets.

📋 Key Points on Intestacy and Heirship

  • 🔑 Survival Requirement: Many states require an heir to survive the decedent by at least 120 hours (5 days) to inherit.
  • 👨‍👩‍👧 Heirship Criteria: Eligibility is generally based on biological or legally adopted relationships with the deceased.
  • 📑 Non-Probate Assets: Certain assets, like life insurance policies and retirement accounts, typically bypass probate and intestacy laws.
  • 🌍 State Variations: Intestacy laws differ significantly between states, affecting how estates are managed.

💡 Tips for Understanding Probate and Estate Law

It's important to discuss the specifics of your situation with your attorney. Each case can be unique, and understanding the nuances is vital.

📝 Know Your State's Intestacy Laws

Each state has its own intestacy laws that dictate how an estate is divided when someone dies without a will. Familiarizing yourself with these laws can help you understand your rights and those of potential heirs.

⏲️ Be Aware of the Probate Timeline

The probate process can be lengthy. Being aware of the average timeline can help manage expectations for estate distribution and closure.

💼 Consider Non-Probate Assets

Not all assets go through probate. Life insurance, retirement accounts, and jointly owned property typically pass outside of probate. Understanding which assets are non-probate can simplify the estate management process.

📋 Keep Records Organized

Maintaining organized records of financial and legal documents can facilitate easier management of an estate. This includes wills, trusts, and any communications with legal professionals.

🏡 Understand Community Property Laws

In community property states, the distribution of assets differs from common law states. Understanding these differences can impact how estates are administered and what rights surviving spouses have.

❓ Frequently Asked Questions

❓ What happens if someone dies without a will?

When someone dies without a will, their estate is distributed according to state intestacy laws. This means the state dictates how assets are divided among surviving relatives.

🏷️ How does the intestate succession hierarchy work?

Intestate succession typically follows this order: surviving spouse, children, parents, siblings, and more distant relatives. Each state may have its own nuances, so it's important to check local laws.

🏛️ Can a half-blood relative inherit?

In many states, half-siblings inherit the same share as full siblings under intestacy laws. This can vary depending on state statutes, so it's advisable to investigate specific state laws.

⏳ How long does the probate process usually take?

The probate process can take several months to over a year, depending on the complexity of the estate and state regulations. Understanding this timeline can help manage family expectations.

📜 What are non-probate assets?

Non-probate assets include life insurance policies, retirement accounts, and jointly held property. These assets typically pass outside of probate and do not follow intestacy laws.

📅 What are estate tax exemptions in 2026?

As of 2026, the federal estate tax exemption is set at $15 million per individual. Estates valued below this threshold are exempt from federal estate taxes, benefiting many families.

⚖️ Recent Cases Related to Estate Law

Recent court rulings have provided clarity on various aspects of probate and estate law. These cases often address issues related to wills, intestacy, and the rights of heirs.

Readers can browse more rulings on the news page for the latest updates and rulings in this area.

End of October 2026 Update





When an individual dies, the remains of his/her estate will be distributed to loved ones. This is often done following the specifications of a will, or a document that an individual drafts prior to death, that details how he/she wants his/her estate to be distributed. This process is also completed if an individual did not create a will prior to his/her death. 

In instances such as this, the established laws of intestacy will determine how the property is distributed. For example, in most instances, the estate will be divided among an individual's spouse and children. In some cases, the deceased's parents, if still alive, will be provided with some assets. If an individual wants to ensure that each of these individuals, or additional people, are adequately cared for following his/her death, he/she should create a will.

The responsibility of distributing an individual's estate falls to an administrator or an executor. In order to acquire this role, an individual or business entity must be given letters testamentary. Letters testamentary are documents that are given to the appointed administrator, providing him/her with the authority to distribute the estate. It is the duty of the court within the deceased's jurisdiction to issue testamentary letters. 

Letters Testamentary At A Glance

A number of different individuals or organizations can be appointed as an executor. In many cases, attorneys are granted executive authority. However, banks also commonly take on this role, as do other types of organizations. The executive that is appointed is obligated to read through the will and distribute the estate accordingly, or to adhere to intestacy laws.